TERMS OF USE

The following describes the Terms of Use
("Terms of Use") applicable to your use of the
www.visualthesaurus.com Web site ("Site"). By using the Site, you
agree to be legally bound by these Terms of Use.If you do not agree with these Terms of
Use, please do not use the Site. Thinkmap, Inc. ("Thinkmap") reserves the right
to change, modify, add, or remove portions of these Terms of Use at any time.
Please check this page periodically for any modifications. Your use of this
Site following the posting of any changes constitutes your acceptance of the
changes. These Terms of Use were last updated March 19, 2008.

1.Site Usage

1.1.You may use the site
for lawful, non-commercial purposes. You will not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part, found on the Site. You will
download copyrighted content solely for your personal use, but will make no
other use of the content without the express written permission of Thinkmap and
the copyright owner. You will not make any changes to any content that you are
permitted to download under this Agreement, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You agree that you do not acquire any ownership rights in any downloaded
content.

1.2.Here are Acceptable
Means of Using Content: In the following cases, you can use content from the
site without explicit permission:

Use

Online

Offline

Use
of any of the tools from the Visual Thesaurus Everywhere page at https://ahml.visualthesaurus.com/webmasters

Tools
can only be used for non-commercial purposes.

Not
Applicable

Images
of Word Maps from the Visual Thesaurus

Image,
when clicked, must link back to https://www.visualthesaurus.com and must
contain the following attribution:

You
can print images from the Visual Thesaurus so long as you don’t sell these
images or republish them without our permission. In addition, you should not
remove any copyright or other attribution notices. These images can be used
in classrooms, for inspiration, or for decoration. If you are interested in
licensing images from the Visual Thesaurus for use in other applications,
please fill out this form.

You
can print articles for personal use. Please fill out this form to request
permission to use articles for any other application.

Abstracts
from articles on the Visual Thesaurus

You
can post abstracts of articles from the Visual Thesaurus magazine, (these are
the summaries that are currently available on the home page at https://www.visualthesaurus.com
and are available to all users of the site and not only subscribers), so long
as you do not remove the "Read More" and the associated link to the rest of
the article on the Site.

You
can use images from the Visual Thesaurus as part of T-shirts, Mugs, Posters,
etc. through using the Share function of the Visual Thesaurus online
application. Such created material shall be for personal use and not for
resale.

Other

Other
than the cases above, if you want to post, publish, or use content from (or
contained within) the Site on your web site or in any other Internet
activity, you will need permission from Thinkmap, even though your Web site
or Internet activity is free of charge. Requests should be directed to this
form.

Other
than the cases above, if you want to post, publish, or use content from (or
contained within) the Site on your web site or in any other Internet activity,
you will need permission from Thinkmap, even though your Web site or Internet
activity is free of charge. Requests should be directed to this
form.

1.3.Do not
systematically retrieve content to create another product: You may not engage
in systematic retrieval of content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without
written permission from Thinkmap. Nor may you mirror on your own site the home
page or results pages of the Site.

2.Your Communications: You are
responsible for your own communications and are responsible for the
consequences of sending them through Thinkmap’s system.

2.1.Don’t send material
that doesn’t belong to you. Do not send material that is copyrighted, unless you
are the copyright owner or have the permission of the copyright owner to post
it; do not send material that reveals trade secrets, unless you own them or
have the permission of the owner; do not send material that infringes on any
other intellectual property rights of others or on the privacy or publicity
rights of others;

2.2.Don’t send material
that is harmful or offensive to others. Do not send material that is obscene,
defamatory, threatening, harassing, abusive, hateful or embarrassing to any
other person or entity; do not send sexually-explicit images;

2.3.Don’t use our site
to promote or solicit business. Do not send advertisements or
solicitations of business; do not send chain letters or the like;

2.4.Don’t impersonate
another person.

2.5.We can use the
material you send.
By sending information or materials through Thinkmap’s system, you warrant and
represent that you own or otherwise control all of the rights to the content
and use of your information or materials by Thinkmap will not infringe or
violate the rights of any third party. You automatically grant to Thinkmap, a
royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display your
communications alone or as part of other works in any form, media, or
technology whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicenses. Where Thinkmap so uses your
communication, you assign to Thinkmap all copyright rights and other rights in
and to such material as a work for hire.

2.6.We can remove
communications for any reason: Thinkmap reserves the right to remove or
edit messages or material submitted by users and to remove communications that
are abusive, illegal or disruptive.

2.7.We will do our best
to get back to you if you request us to. Thinkmap will make a good faith effort to
respond to communications submitted through its system, but Thinkmap has no
liability or responsibility to users therefore.

3.Linking: You are allowed to
link to the Site and may link directly to word results within the Visual
Thesaurus through using the following link format: "https://www.visualthesaurus.com/?word=x"
where x is the word to be looked up.

3.1.Don’t Frame our
content.
You may not, however, frame Site content, surround it with your own advertising
or identity, or charge a fee for any link to the Site.

4.Additional Terms
Applicable to Subscriptions

4.1.Accounts: If any of the
products or services available from the Site require you to open an account,
you must complete the registration process by providing Thinkmap with true,
current, complete and accurate information as prompted by the applicable
registration form, and you will maintain and promptly update such information
to keep it true, current, complete and accurate.

4.1.1.You
are responsible for choosing and keeping your password secret. You are entirely
responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account.

4.1.2.Tell
us if someone gets access to your account. You agree to notify Thinkmap
immediately of any unauthorized use of your account or any other breach of
security.

4.1.3.We’re
not liable if someone else gets access to your account. Neither Thinkmap,
nor any Thinkmap affiliates or Thinkmap licensors will be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for
losses incurred by Thinkmap or any other person or entity due to someone else
using your account or password.

4.1.4.You
may not use anyone else's individual account at any time.

4.1.5.Tell
us the truth about yourself. If you provide any information that is
false, inaccurate, out of date, or incomplete, or Thinkmap has reasonable
grounds to suspect that such information is false, inaccurate, not current, or
incomplete, Thinkmap may suspend or terminate your account and refuse any and
all current or future use of the products or services or any portion thereof.

4.1.6.We
can expel users who violate the Terms of Use or the Law. Thinkmap reserves
the right to expel users and prevent their further access to its system for
violating the law or these Terms of Use.

4.2.Subscription Fees
and Charges for those purchasing from the Web site using a Credit Card. Subscription charges
commence upon the date your subscription is activated and will be billed to
your credit card each month (for monthly subscriptions) or year (for annual
subscriptions) thereafter. You acknowledge and agree that you will not receive
a bill in the mail for your subscription. Thinkmap reserves the right to
increase subscription rates at any time, but will notify you if there is a
change in your renewal rate before the renewal is charged to your credit card.
Customers subscribing at specially discounted promotional rates may be subject
to varying rate increases, none of which shall exceed the standard posted
subscription rate.

4.2.1.You
can cancel the automatic renewal of your subscription at any time. You can cancel the
automatic renewal of your subscription at any time by logging in to the "my account" section of the Site, and cancelling the subscription. When you cancel,
you will have access to the subscription until the end of the term. Cancelling
the automatic renewal does not entitle you to a refund of any kind.

4.2.2.For
a cancellation to be effective, you must cancel using the "my account" section
of the site.
You are solely responsible for properly cancelling your account. An email, fax,
or phone request to cancel your account is not considered cancellation. You can
cancel your account at any time by clicking on the My Account link in the
global navigation bar at the top of the screen. The My Account screen provides
a simple no questions asked cancellation link.

4.2.3.Refunds
are only available in selected cases. If you cancel your subscription within the
trial period specified on the site by logging in to the "my account" section
and choosing the appropriate action, and your subscription is eligible for
refunds as detailed on the site, we will refund you the costs of the subscription.
Other than during the trial period for eligible subscriptions, the subscription
is billed in advance and is non-refundable. There will be no refunds or credits
for a partial month or year, or refunds for time unused on an open account.

4.2.4.No
Refunds are Provided for purchases of the Desktop Version. In no case do we
provide refunds to the Desktop Edition.

4.2.5.All
taxes are your responsibility. All fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities, and you shall be responsible
for payment of all such taxes, levies, or duties.

4.2.6.Administrators
of Group Subscriptions are Responsible for Charges and Automatic Renewals. If you are the
administrator of a Group Subscription, you are responsible for any renewal
costs as indicated within the "my account" section of the site. We do not provide
refunds for Additional Users purchased, but not used by the Additional User.

4.3.1.You
will only provide access to members of your Institution for whom you have
purchased a subscription. If you have purchased a Site License subscription, your
quote or invoice will indicate the number of Licensed Users for whom you have
purchased access. All Licensed Users must be members of the Subscribing
Institution. And it is the Subscribing Institutions responsibility to make sure
that the number of people with access to the Site through a valid
Authentication method as described on https://www.visualthesaurus.com/authentication
is not greater than the number of Licensed Users. If you determine that the
number of people who have access to our Site through your authentication method
is greater than the number of Licensed Users for whom you have purchased
access, you will either 1) Contact Thinkmap and purchase access for additional
users, or 2) disable access to the people who should not have access.

4.3.2.If
Thinkmap finds that you have provided access to more people than you have paid
for, we can turn off your service. If you either provide unrestricted access
by allowing access through an unrestricted site, or you post or share your
login credentials with people outside your institution, Thinkmap can turn off
your access to the subscription areas of the site. If we do so, we will contact
you within a reasonable time to alert you of the situation. Turning off access
is not Thinkmap’s sole remedy. You institution could be held liable for losses
incurred by Thinkmap or any other person or entity due to unauthorized use.

4.3.3.If
your subscription lapses, Thinkmap can turn off access to the Subscription
areas of the site.
Unless Thinkmap receives payment or a valid purchase order before the end of
your subscription term, Thinkmap will turn off access to your account, which
will make it so your licensed users cannot access the Subscription Areas of the
Site.

5.Ownership: The content of the
Site, including the Visual Thesaurus software and Web Application, and the
underlying Thinkmap software (collectively the "Software"), is the property of Thinkmap,
its affiliated companies or licensors and is protected by international
copyright, patent, and trademark laws. YOU SHALL NOT REPRODUCE, REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS WITH RESPECT TO
THE SOFTWARE.

6.Disclaimer of
Warranties:
THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR
ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE),
ALL OF WHICH THINKMAP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY
LAW.

7.Limitation of
Liability: IN
NO EVENT SHALL THINKMAP, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE
OF THE SITE, EVEN IF THINKMAP WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

8.Indemnification: To the fullest
extent permitted by law, you agree to indemnify and hold Thinkmap, its
directors, officers, shareholders, parents, subsidiaries, affiliates, agents,
and licensors harmless from and against all losses, expenses, damages, and
costs, including reasonable attorneys’ fees, arising out of the use or
unauthorized copying of the Site or any of their content, the violation of
these Terms of Use or any applicable laws or regulations.

9.Privacy
Policy

9.1.We collect
information when you register. When you register for the Site we ask for
information such as your name, company name, email address, billing address,
credit card information. Institutions which provide access to their subscribers
as well as gift recipients are not required to enter a credit card.

9.2.We track usage: We aggregate
information on what pages consumers access or visit, and information
volunteered by the consumer (such as survey information and/or site
registrations).

9.3.Cookies are required
to use the Site: A cookie is a small amount of data, which often
includes an anonymous unique identifier, that is sent to your browser from a
web site's computers and stored on your computer's hard drive.We use
cookies to record current session information, and to track the effectiveness
of site changes, marketing, and advertisements.

9.4.We use the
information we collect: Thinkmap uses collected information for
the following general purposes: products and services provision, billing,
identification and authentication, services improvement, contact, and research.

9.5.We may disclose
personal information in special circumstances: Thinkmap may
disclose personally identifiable information to provide products or services
you've requested, when we have your permission, or under the following
circumstances:

It is necessary to share information in order to investigate, prevent, or take
action regarding illegal activities, suspected fraud, situations involving
potential threats to the physical safety of any person, violations of this
Terms of Service, or as otherwise required by law.

We transfer information about you if Thinkmap is acquired by or merged with
another company. In this event, Thinkmap will notify you before information
about you is transferred and becomes subject to a different privacy policy.

11.TRADEMARKS. Plumb Design,
Thinkmap, Informotion, and Visual Thesaurus are either trademarks or registered
trademarks of Thinkmap, Inc. or its affiliates or licensors. The names of other
companies and products mentioned on or via the Site may be the trademarks of
their respective owners. Reference to such third party trademarks is for
informational purposes only and is not intended to indicate or imply any
affiliation, association, sponsorship, or endorsement. Any rights not expressly
granted herein are reserved.

12.MISCELLANEOUS. These Terms of Use
constitute the entire agreement between you and Thinkmap regarding your use of
the Site, superseding any prior agreements between you and Thinkmap on the
subject matter (including, but not limited to, any prior versions of the Terms
of Use). In the event that any provision of these Terms of Use conflicts with
the law under which these Terms of Use are to be construed or if any such
provision is held invalid or unenforceable by a court with jurisdiction over
the parties, such provision shall be deemed to be restated to reflect as nearly
as possible the economic effect of the original provision in accordance with
applicable law. The remaining provisions of these Terms of Use and the
application of the challenged provision to persons or circumstances other than
those as to which it is invalid or unenforceable shall not be affected thereby,
and each such provision shall be valid and enforceable to the full extent
permitted by law. These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of
laws. Unless waived in its sole discretion by Thinkmap, the sole jurisdiction
and venue for actions related to the subject matter hereof will be the New York state and federal courts having within their jurisdiction the Borough of Manhattan
in the City of New York and both parties consent to the jurisdiction of such
courts. The official language for this Agreement, and of any proceedings and
writings amending or interpreting this Agreement, will be English. The parties
specifically disclaim the U.N. Convention on Contracts for the International
Sale of Goods.